AB40,982,2217 6. The place of residence of the pupil has changed as a result of a court order
18or custody agreement or because the pupil was placed in a foster home or with a
19person other than the pupil's parent, or removed from a foster home or from the home
20of a person other than the pupil's parent. An application made on the basis of this
21criteria is not valid unless the nonresident school board receives the application no
22later than 30 days after the pupil's change in residence.
AB40,982,2423 7. The parent of the pupil and the nonresident school board agree that
24attending school in the nonresident school district is in the best interests of the pupil.
AB40,983,6
1(c) If a nonresident school board receives an application under par. (a), the
2nonresident school board shall immediately forward a copy of the application to the
3resident school board, and shall notify the applicant, in writing, whether it has
4accepted the application no later than 20 days after receiving the application. If the
5nonresident school board has accepted the application, the nonresident school board
6shall identify the specific school or program that the pupil may attend.
AB40,983,97 (d) A resident school district may notify an applicant under par. (a) that the
8pupil may not attend a school or program in the nonresident school district only for
9the following reasons:
AB40,983,1110 1. The resident school district determines that the criteria relied on by the
11applicant under par. (b) does not apply to the pupil.
AB40,983,2112 2. a. Except as provided in subd. 2. b., the resident school district determines
13that the costs of the special education or related services required in the
14individualized education program under s. 115.787 (2) for a child with a disability
15whose parent has submitted an application under par. (a), as proposed to be
16implemented by the nonresident school district, would impose upon the child's
17resident school district an undue financial burden in light of the resident school
18district's total economic circumstances, including its revenue limit under subch. VII
19of ch. 121, its ability to pay tuition costs for the pupil, and the per pupil special
20education or related services costs for children with disabilities continuing to be
21served by the resident school district.
AB40,983,2322 b. Subdivision 2. a. does not apply to a pupil who submits an application under
23par. (a) if the pupil relied upon the criteria set forth in par. (b) 1.
AB40,984,624 (e) If an application is accepted by the nonresident school board under par. (c),
25the pupil may immediately begin attending the school or program in the nonresident

1school district and shall begin attending the school or program no later than the 15th
2day following receipt by the parent of the pupil of the notice of acceptance under par.
3(c). If the pupil has not enrolled in or attended school in the nonresident school
4district by the day specified in this paragraph, the nonresident school district may
5notify the pupil's parent, in writing, that the pupil is no longer authorized to attend
6the school or program in the nonresident school district.
AB40, s. 2517 7Section 2517. 118.51 (5) (a) (intro.) of the statutes is amended to read:
AB40,984,108 118.51 (5) (a) Permissible criteria. (intro.) Except as provided in sub. (3) (a)
92., the criteria for accepting and rejecting applications from nonresident pupils
10under sub. subs. (3) (a) and (3m) (a) may include only the following:
AB40, s. 2518 11Section 2518. 118.51 (5) (a) 1. (intro.) of the statutes is amended to read:
AB40,984,2112 118.51 (5) (a) 1. (intro.) The availability of space in the schools, programs,
13classes, or grades within the nonresident school district. The nonresident school
14board shall determine the number of regular education and special education spaces
15available within the school district in the January meeting of the school board, except
16that for the 2011-12 school year the board shall determine the number of regular
17education and special education spaces available within the school district in the
18February meeting of the school board.
In determining the availability of space, the
19nonresident school board may consider criteria such as class size limits,
20pupil-teacher ratios, or enrollment projections established by the nonresident school
21board and may include in its count of occupied spaces all of the following:
AB40, s. 2519 22Section 2519. 118.51 (5) (a) 1. b. of the statutes is amended to read:
AB40,984,2423 118.51 (5) (a) 1. b. Pupils and siblings of pupils who have applied under sub.
24(3) (a) or (3m) (a) and are already attending the nonresident school district.
AB40, s. 2520 25Section 2520. 118.51 (5) (a) 1. c. of the statutes is amended to read:
AB40,985,4
1118.51 (5) (a) 1. c. If the nonresident school district is a union high school
2district, pupils who have applied under sub. (3) (a) or (3m) (a) and are currently
3attending an underlying elementary school district of the nonresident school district
4under this section.
AB40, s. 2521 5Section 2521. 118.51 (5) (d) of the statutes is renumbered 118.51 (5) (d) 1. and
6amended to read:
AB40,985,157 118.51 (5) (d) 1. The school board of a nonresident school district may create
8a waiting list of pupils whose applications were rejected under sub. (3) (a) 3. The
9nonresident school board may accept pupils from a waiting list created under this
10paragraph until the 3rd Thursday in September but only if the pupil will be in
11attendance at the school or program in the nonresident school district on the 3rd
12Friday in September. Notwithstanding sub. (3) (a) 6., if a pupil is accepted from a
13waiting list created under this paragraph after the start of the school term, the
14parent shall immediately notify the resident school district of the pupil's intent to
15attend school in the nonresident school district for the current school term.
AB40,985,17 163. The department shall promulgate rules to implement and administer this
17paragraph.
AB40, s. 2522 18Section 2522. 118.51 (5) (d) 2. of the statutes is created to read:
AB40,985,2319 118.51 (5) (d) 2. A pupil accepted from a waiting list created under this
20paragraph may attend the school or program in the nonresident school district even
21if the pupil has attended a school or program in the pupil's resident school district
22in the current school term, but not if the pupil has attended a school or program in
23a nonresident school district in the current school term.
AB40, s. 2523 24Section 2523. 118.51 (8) of the statutes is amended to read:
AB40,986,10
1118.51 (8) Disciplinary records. Notwithstanding s. 118.125, for an
2application submitted under sub. (3) (a), by the first Friday following the first
3Monday in May, and within 10 days of receiving a copy of an application under sub.
4(3m) (c),
the resident school board shall provide to the nonresident school board to
5which a pupil has applied under this section, upon request by that school board, a
6copy of any expulsion findings and orders pertaining to the pupil, a copy of records
7of any pending disciplinary proceeding involving the pupil, a written explanation of
8the reasons for the expulsion or pending disciplinary proceeding and the length of
9the term of the expulsion or the possible outcomes of the pending disciplinary
10proceeding.
AB40, s. 2524 11Section 2524. 118.51 (9) of the statutes is amended to read:
AB40,986,2412 118.51 (9) Appeal of rejection. If the nonresident school board rejects an
13application under sub. (3) (a) or (7), the resident school board prohibits a pupil from
14attending public school in a nonresident school district under sub. (3m) (d), (6), (7)
15or (12) (b) 1., or the nonresident school board prohibits a pupil from attending public
16school in the nonresident school district under sub. (11), the pupil's parent may
17appeal the decision to the department within 30 days after the decision. If the
18nonresident school board provides notice that the special education or related service
19is not available under sub. (12) (a), the pupil's parent may appeal the required
20transfer to the department within 30 days after receipt of the notice. If the resident
21school board provides notice of transfer under sub. (12) (b) 2., the pupil's parent may
22appeal the required transfer to the department within 30 days after receipt of the
23notice. The department shall affirm the school board's decision unless the
24department finds that the decision was arbitrary or unreasonable.
AB40, s. 2525 25Section 2525. 118.51 (12) (am) of the statutes is created to read:
AB40,987,11
1118.51 (12) (am) Estimate of costs. 1. The nonresident school district shall
2prepare an estimate of the costs to provide the special education or related services
3required in the individualized education program developed under s. 115.787 (2) for
4a child with a disability whose parent has submitted an application under this
5section. For an application submitted for a child with a disability under sub. (3) (a),
6the nonresident school district shall provide a copy of the estimate of costs to the
7resident school district by the 3rd Friday following the first Monday in May. For an
8application submitted for a child with a disability under sub. (3m) (a), the
9nonresident school district shall provide a copy of the estimate of costs to the resident
10school district within 10 days after receiving or developing the individualized
11education program for the applicant.
AB40,987,1612 2. Except as provided in subd. 3., if the nonresident school district fails to
13comply with the requirement under this section by the date specified, the
14nonresident school district may not charge the resident school district for any actual,
15additional costs incurred by the nonresident school district to provide the special
16education and related services for the child with a disability.
AB40,987,1817 3. Subdivision 2. does not apply if the resident school district fails to comply
18with the requirements under sub. (3) (a) 1m.
AB40, s. 2526 19Section 2526. 118.51 (12) (b) 1. of the statutes is amended to read:
AB40,988,720 118.51 (12) (b) 1. If the estimate of the costs of the special education or related
21services required in the individualized education program under s. 115.787 (2) for a
22child with a disability whose parent has submitted an application under sub. (3) (a),
23as proposed to be implemented by the nonresident school district and as provided to
24the resident school district as required under par. (am)
, would impose upon the
25child's resident school district an undue financial burden in light of the resident

1school district's total economic circumstances, including its revenue limit under
2subch. VII of ch. 121, its ability to pay tuition costs for the pupil , and the per pupil
3special education or related services costs for children with disabilities continuing
4to be served by the resident school district, the child's resident school board may
5notify the child's parent and the nonresident school board by the first 2nd Friday
6following the first Monday in April June that the pupil may not attend the
7nonresident school district to which the child has applied.
AB40, s. 2527 8Section 2527. 118.51 (15) (a) of the statutes is amended to read:
AB40,988,179 118.51 (15) (a) Application form. Prepare, distribute to school districts, and
10make available to parents an application form to be used by parents under sub. (3)
11(a) and an application form to be used by parents under sub. (3m) (a). The form shall
12include provisions that permit a parent to apply for transportation reimbursement
13under sub. (14) (b). The form shall require an applicant who is applying to attend
14a virtual charter school to indicate that he or she is applying to attend a virtual
15charter school, the number of virtual charter schools to which he or she is applying,
16and whether he or she is a sibling of a pupil currently enrolled in a virtual charter
17school through the open enrollment program.
AB40, s. 2528 18Section 2528. 118.51 (15) (c) of the statutes is renumbered 118.51 (15) (c)
19(intro.) and amended to read:
AB40,988,2220 118.51 (15) (c) Annual report. (intro.) Annually submit a report to the governor,
21and to the appropriate standing committees of the legislature under s. 13.172 (3), on
22the
. The report under this paragraph shall include all of the following information:
AB40,988,24 231. The number of pupils who applied to attend public school in a nonresident
24school district under this section, the.
AB40,988,25 253. The number of applications denied and the bases for the denials, and the.
AB40,989,6
14. The number of pupils attending public school in a nonresident school district
2under this section. The department shall specify, separately, the number of pupils
3attending public school in a nonresident school district whose applications were
4accepted under subs. (3) (a) 3. and (3m) (c), and, for the applications accepted under
5sub. (3m) (c), the number of pupils attending under each of the criteria listed in sub.
6(3m) (b)
.
AB40, s. 2529 7Section 2529. 118.51 (15) (c) 2. of the statutes is created to read:
AB40,989,108 118.51 (15) (c) 2. The number of applications received under subs. (3) (a) and
9(3m) (a) and, for the applications received under sub. (3m) (a), the number of
10applications received under each of the criteria listed in sub. (3m) (b).
AB40, s. 2530 11Section 2530. 118.55 (1) of the statutes is amended to read:
AB40,989,1512 118.55 (1) Definition. In this section, "institution of higher education" means
13an institution within the University of Wisconsin System, the University of
14Wisconsin–Madison,
a tribally controlled college or a private, nonprofit institution
15of higher education located in this state.
AB40, s. 2531 16Section 2531. 118.55 (5) (a) of the statutes is amended to read:
AB40,989,1917 118.55 (5) (a) If the pupil is attending an institution within the University of
18Wisconsin System or the University of Wisconsin–Madison, the actual cost of tuition,
19fees, books and other necessary materials directly related to the course.
AB40, s. 2532 20Section 2532. 118.55 (7r) (a) 4. of the statutes is amended to read:
AB40,989,2121 118.55 (7r) (a) 4. The pupil is not a child at risk , as defined in s. 118.153 (1) (a).
AB40, s. 2533 22Section 2533. 119.04 (1) of the statutes is amended to read:
AB40,990,623 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
25115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,

1118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4),
2118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225,
3118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.255, 118.258, 118.291, 118.30 to 118.43,
4118.46, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b)
5to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3),
6and 120.25 are applicable to a 1st class city school district and board.
AB40, s. 2534 7Section 2534. 119.18 (6) (intro.) and (b) of the statutes are consolidated,
8renumbered 119.18 (6) and amended to read:
AB40,990,139 119.18 (6) School calendar. The board may determine the school calendar and
10vacation periods for each school year for the regular day schools, summer schools,
11social centers, and playgrounds, except that: (b). The board may close any school or
12dismiss any class in the event of an emergency, fire or other casualty, quarantine, or
13epidemic.
AB40, s. 2535 14Section 2535. 119.18 (6) (a) of the statutes is repealed.
AB40, s. 2536 15Section 2536. 119.23 (2) (a) (intro.) of the statutes is amended to read:
AB40,990,1816 119.23 (2) (a) (intro.) Subject to par. (b), any Any pupil in grades kindergarten
17to 12 who resides within the city may attend, at no charge, any private school located
18in the city Milwaukee County if all of the following apply:
AB40, s. 2537 19Section 2537. 119.23 (2) (a) 1. of the statutes is renumbered 119.23 (2) (a) 1.
20a. and amended to read:
AB40,991,921 119.23 (2) (a) 1. a. The Except as provided in subd. 1. b., the pupil is a member
22of a family that has a total family income that does not exceed an amount equal to
231.75 times the poverty level determined in accordance with criteria established by
24the director of the federal office of management and budget. A pupil attending a
25private school under this section whose family income increases may continue to

1attend a private school under this section if the pupil is a member of a family that
2has a total family income that does not exceed an amount equal to 2.2 times the
3poverty level determined in accordance with criteria established by the director of
4the federal office of management and budget. For purposes of admission to a private
5school under this section, siblings of pupils attending a private school under this
6section are subject to the higher income limit. If a pupil attending a private school
7under this section ceases to attend a private school under this section, the lower
8income limit applies unless the pupil is a sibling of a pupil attending a private school
9under this section.
AB40, s. 2538 10Section 2538. 119.23 (2) (a) 1. b. of the statutes is created to read:
AB40,991,1311 119.23 (2) (a) 1. b. Beginning in the 2011-12 school year, the family income
12limits in subd. 1. a. do not apply if the pupil did not attend a school participating in
13the program under this section during the 2010-11 school year.
AB40, s. 2539 14Section 2539. 119.23 (2) (b) of the statutes is repealed.
AB40, s. 2540 15Section 2540. 119.23 (3) (a) of the statutes is amended to read:
AB40,992,216 119.23 (3) (a) The pupil or the pupil's parent or guardian shall submit an
17application, on a form provided by the state superintendent, to the participating
18private school that the pupil wishes to attend. Within 60 days after receiving the
19application, the private school shall notify the applicant, in writing, whether the
20application has been accepted. If the private school rejects an application, the notice
21shall include the reason. The private school shall indicate in its letter of acceptance
22the amount of the payment the parent or guardian of the pupil will receive under sub.
23(4) and, if applicable, sub. (4m).
A private school may reject an applicant only if it
24has reached its maximum general capacity or seating capacity. The state
25superintendent shall ensure that the private school determines which pupils to

1accept on a random basis, except that the private school may give preference in
2accepting applications to siblings of pupils accepted on a random basis.
AB40, s. 2541 3Section 2541. 119.23 (3m) of the statutes is created to read:
AB40,992,104 119.23 (3m) (a) For a pupil to whom sub. (2) (a) 1. a. applies, whose application
5is accepted under sub. (3) (a), and who is a member of a family that has a total family
6income that does not exceed an amount equal to 2.2 times the poverty level
7determined in accordance with criteria established by the director of the federal
8office of management and budget, the private school may not charge or receive any
9payment for the pupil other than the payment the school receives under sub. (4) and,
10if applicable, sub. (4m).
AB40,992,1411 (b) 1. Except as provided in subd. 2., for a pupil to whom sub. (2) (a) 1. b. applies
12and whose application is accepted under sub. (3) (a), the private school may, in
13addition to the payment it receives for the pupil under sub. (4) and, if applicable, sub.
14(4m), charge the pupil tuition and fees in an amount determined by the school.
AB40,992,2015 2. The private school may not charge or receive any additional payment for a
16pupil to whom sub. (2) (a) 1. b. applies and whose application is accepted under sub.
17(3) (a) if the pupil is a member of a family that has a total family income that does
18not exceed an amount equal to 3.25 times the poverty level determined in accordance
19with criteria established by the director of the federal office of management and
20budget.
AB40, s. 2542 21Section 2542. 119.23 (4) (bg) of the statutes is amended to read:
AB40,993,322 119.23 (4) (bg) In the 2009-10 2011-12 and 2010-11 2012-13 school years,
23upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in
24the private school during a school term, the state superintendent shall pay to the
25parent or guardian, from the appropriation under s. 20.255 (2) (fu), an amount equal

1to the private school's operating and debt service cost per pupil that is related to
2educational programming, as determined by the department, or $6,442, whichever
3is less.
AB40, s. 2543 4Section 2543. 119.23 (5) of the statutes is renumbered 119.23 (5) (b).
AB40, s. 2544 5Section 2544. 119.23 (5) (a) of the statutes is created to read:
AB40,993,86 119.23 (5) (a) A private school participating in the program under this section
7shall immediately notify the department of a decision to cease educational
8programming operations.
AB40, s. 2545 9Section 2545. 119.23 (7) (d) 1. of the statutes is renumbered 119.23 (7) (d) 1.
10b. and amended to read:
AB40,993,1711 119.23 (7) (d) 1. b. A copy of the school's current certificate of occupancy issued
12by the city municipality within which the school is located. If the private school
13moves to a new location, the private school shall submit a copy of the new certificate
14of occupancy issued by the city municipality within which the school is located to the
15department before the attendance of pupils at the new location and before the next
16succeeding date specified in s. 121.05 (1) (a). A temporary certificate of occupancy
17does not meet the requirement of this subdivision.
AB40, s. 2546 18Section 2546. 119.23 (7) (d) 1. a. of the statutes is created to read:
AB40,993,2019 119.23 (7) (d) 1. a. In this subdivision, "municipality" has the meaning given
20in s. 5.02 (11).
AB40, s. 2547 21Section 2547. 119.23 (7) (e) 1. of the statutes is amended to read:
AB40,994,722 119.23 (7) (e) 1. In the 2009-10 school year Annually, each private school
23participating in the program under this section shall administer a nationally normed
24standardized test in reading, mathematics, and science to pupils attending the
25school under the program in the 4th, 8th, and 10th grades. Beginning in the 2010-11

1school year and annually thereafter, each private school participating in the program
2under this section shall administer the examinations required under s. 118.30 (1s)
3to pupils attending the school under the program.
The private school may administer
4additional standardized tests to such pupils. Beginning in 2006 and annually
5thereafter until 2011, the private school shall provide the scores of all standardized
6tests and examinations that it administers under this subdivision to the School
7Choice Demonstration Project.
AB40, s. 2548 8Section 2548. 119.23 (7) (g) of the statutes is repealed.
AB40, s. 2549 9Section 2549. 119.23 (7m) of the statutes is created to read:
AB40,994,1310 119.23 (7m) (a) Evidence of any of the following circumstances may indicate
11that a private school participating in the program under this section does not utilize
12sound fiscal practices, is not financially viable, or does not have the financial ability
13to continue educational programming operations:
AB40,994,1614 1. The private school's budget and statement of cash flows reveal that the
15private school has inadequate revenues and other financial resources to fund current
16operations.
AB40,994,1917 2. The audit opinion statement submitted by the private school as required
18under sub. (7) (am) 1. contains a qualification as to the private school's ability to
19continue as a going concern.
AB40,994,2520 3. The private school failed to make a payment to a vendor for services provided
21to the private school or to an employee or other individual for expenses incurred on
22behalf of the private school within 90 days of receipt of invoice or payment request
23or as per written agreement, or has failed to make payments to an employee
24pursuant to a written document specifying compensation and dates for payment, as
25indicated in a written communication from the vendor, employee, or other individual.
AB40,995,4
14. The private school failed to make a filing with or withholding payment to the
2federal Internal Revenue Service, the Wisconsin department of revenue, or the
3Wisconsin department of workforce development as indicated in a written
4communication from one of these agencies.
AB40,995,95 5. An audit, required of the private school by a federal or state agency or local
6governmental unit and provided to the department of public instruction in
7compliance with reporting requirements promulgated by the department pursuant
8to sub. (11), contained questioned costs or findings related to compliance that may
9affect the private school's ability to continue.
AB40,995,1310 6. The private school failed to refund to the department the amount of any
11overpayment made to the private school under sub. (4) (b) or (bg) or (4m), or the
12amount of any payment made to the private school for a pupil ineligible to attend the
13private school under this section.
AB40,995,2014 (b) If the department determines that any of the circumstances under par. (a)
15applies to a private school, the private school shall, upon written request, provide to
16the department any information required by the department, including an audit of
17the private school's financial statements in accordance with generally accepted
18accounting principles, to permit the department to determine whether the private
19school is utilizing sound fiscal practices, is financially viable, or is financially able
20to continue educational programming operations.
AB40, s. 2550 21Section 2550. 119.23 (11) of the statutes is renumbered 119.23 (11) (intro.) and
22amended to read:
AB40,995,2323 119.23 (11) The department shall promulgate do all of the following:
AB40,995,24 24(a) Promulgate rules to implement and administer this section.
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